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Hi All,
It would be great if anyone can provide tip/experiences/comments with my delicate and tricky situation!
I am a H1 Visa holder since 2006 in USA and GC filed in EB2 category, and waiting for the Priority Date to become CURRENT. I recently got married, and my husband wants to apply for H4 Visa at the Hyd Consulate. This will be a priceless option as he can avail the to-be-implemented H4-EAD starting 26 May, and can start applying for Residency program within USA. He is a Govt Doctor, and he is yet to finish his minimum time-frame requirement in order to become a full-time Govt employee (aka service isn't regularized yet). At the moment, he does not want to quit his Govt job since my H1 prospect isn't looking too bright either. Him being a part-time employee currently, we had to personally apply/request for NOC permission as an EXCEPTIONAL case.
We applied the NOC for 6 months, but is being granted for 1 month. If we wait for him to become a full-time employee and then apply for NOC again... we will be at least 5 months away for applying the H4 Visa then. Of course, there is no guarantee that his NOC will be granted and/or will be granted H4 Visa either.
The million dollar question(s) are:
1) Should he attend the H4 Visa interview now?
2) What are the chances that the Consulate Officer will ask for the time frame of the NOC permission (and decide his Visa period accordingly)?
3) If the Consulate Officer becomes aware of the 1 mon NOC fact (somehow), is there a chance he can grant B1 Visa (instead of the H4 Visa)? This beats the purpose of availing the the H4 EAD rule.
4) Any chances of H4 Visa being rejected because of the 1 mon NOC?
5) Is it really worth waiting for 6 months (after his service is regularized) and then apply for H4 Visa?
Please advice!
It would be great if anyone can provide tip/experiences/comments with my delicate and tricky situation!
I am a H1 Visa holder since 2006 in USA and GC filed in EB2 category, and waiting for the Priority Date to become CURRENT. I recently got married, and my husband wants to apply for H4 Visa at the Hyd Consulate. This will be a priceless option as he can avail the to-be-implemented H4-EAD starting 26 May, and can start applying for Residency program within USA. He is a Govt Doctor, and he is yet to finish his minimum time-frame requirement in order to become a full-time Govt employee (aka service isn't regularized yet). At the moment, he does not want to quit his Govt job since my H1 prospect isn't looking too bright either. Him being a part-time employee currently, we had to personally apply/request for NOC permission as an EXCEPTIONAL case.
We applied the NOC for 6 months, but is being granted for 1 month. If we wait for him to become a full-time employee and then apply for NOC again... we will be at least 5 months away for applying the H4 Visa then. Of course, there is no guarantee that his NOC will be granted and/or will be granted H4 Visa either.
The million dollar question(s) are:
1) Should he attend the H4 Visa interview now?
2) What are the chances that the Consulate Officer will ask for the time frame of the NOC permission (and decide his Visa period accordingly)?
3) If the Consulate Officer becomes aware of the 1 mon NOC fact (somehow), is there a chance he can grant B1 Visa (instead of the H4 Visa)? This beats the purpose of availing the the H4 EAD rule.
4) Any chances of H4 Visa being rejected because of the 1 mon NOC?
5) Is it really worth waiting for 6 months (after his service is regularized) and then apply for H4 Visa?
Please advice!
